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Property owners file federal suit over unpermitted road

April 30, 2019 by Michael Howell

Several property owners in Sunnyside Orchards subdivision, located between Stevensville and Florence along the Eastside Highway, have filed a federal lawsuit against the county; developers Donald and Alexandra Morton and Sunnyside Orchards LLC; realtor Lee Foss and Foss Realty Inc; Western Montana Excavation; and Starlight Interests, LLC, a Georgia LLC. The plaintiffs and the development company all own property along Teddy Bear Lane and Northview Drive where the plaintiffs allege a road, which they call the “Foss Road,” was built without a permit across their properties to connect the other two existing roads. 

On February 14, 2017, one of the plaintiffs, Brad Magruder, filed a road abandonment petition asking the county to abandon its undeveloped roadway easement between Teddy Bear Lane and Northview Drive. But the plaintiffs claim that instead of holding a meeting on the petition, the commissioners “created an informal policy or custom in direct response to the Plaintiffs’ Petition, making it a requirement for 100% of the surrounding landowners to sign the road abandonment petition before the County would act on it.” It is referred to in the lawsuit as the 100% Rule. 

Plaintiffs allege that in June the excavating company and Foss, working on behalf of Sunnyside Orchards LLC, came in without authorization from anyone and removed gates, fencing, trees and vegetation belonging to the plaintiffs and proceeded to grade and fill the “Foss Road.” The commissioners later emailed one of the plaintiffs stating that no hearing was being held on the abandonment petition because of the 100% Rule. The commissioners did hold a meeting in August to discuss the “Foss Road” issue, but not the petition for abandonment, they claim. The meetings on the road were continued for months but no action was taken. 

Then, in April 2018, they held a public hearing to create a right-of-way ordinance for the Orchard Tracts all over the county. No action was taken. But three days later, and more than a year after Magruder submitted a corrected petition, the Commissioners were asked by their administrator about moving forward on the plaintiffs’ petition. Plaintiffs allege that the administrator was told by one or more of the Commissioners to refund the $150 fee.

On November 16, 2018, the plaintiffs submitted a notice of claim to the County seeking damages and declaratory relief on their constitutional and tort claims. The County denied the plaintiffs’ request for damages and declaratory relief and instead offered to hold a public hearing on their petition two years after the corrected petition was submitted by the plaintiffs. 

The plaintiffs claim that both their procedural and substantive federal rights to due process were violated by the County and Commissioners’ “delaying and deceptive conduct in refusing to properly process, investigate, hear, and issue a decision on the Plaintiffs’ petition.” They also allege federal violations of the Takings Clause, the Equal Protection Clause and the Fourth Amendment to the U.S. Constitution. 

Plaintiffs also allege violations of their rights to due process as well as violations of the takings clause, right to privacy and equal protection under Montana’s Constitution.

Additional charges of trespass, nuisance and negligence are included. 

The plaintiffs, including property owners Nicole Croy, Jeffrey and Cam Collins, Shaen and Jody McElravy, Karen and Ronald Hayward, and Brad Magruder, are asking for a jury trial and unspecified damages. 

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October 27, 2021 - October 27, 2022

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July 31 @ 8:00 AM - 5:00 PM Recurring

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August 1 @ 9:00 AM - 10:00 AM Recurring

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August 1 @ 9:00 AM - 11:30 AM Recurring

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August 2 @ 9:00 AM - 11:30 AM Recurring

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August 2 @ 5:00 PM - 8:30 PM

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August 2 @ 7:00 PM - 8:00 PM Recurring

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August 3 @ 9:00 AM - 11:30 AM Recurring

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Lutheran VBS

August 4 @ 9:00 AM - 11:30 AM Recurring

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August 5 @ 9:00 AM - 11:30 AM Recurring

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August 5 @ 2:00 PM - 6:00 PM Recurring

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August 5 @ 5:00 PM - 7:00 PM Recurring

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August 6 @ 8:00 AM - 5:00 PM Recurring

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August 9 @ 7:00 PM - 8:00 PM

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7:00 PM - 8:00 PM Recurring

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August 9 @ 7:00 PM - 8:00 PM Recurring

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August 10 @ 7:00 PM - 9:00 PM

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August 10 @ 7:30 PM - 8:30 PM

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August 11 @ 4:00 PM - 5:00 PM Recurring

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August 13 @ 8:00 AM - 5:00 PM Recurring

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8:00 AM - 7:00 PM

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August 13 @ 8:00 AM - 7:00 PM

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August 13 @ 11:00 AM - 3:00 PM Recurring

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August 13 @ 4:00 PM - 7:00 PM Recurring

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August 14 @ 8:00 AM - 5:00 PM Recurring

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August 15 @ 10:30 AM - 11:30 AM Recurring

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August 15 @ 12:00 PM - 1:00 PM

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August 16 @ 7:00 PM - 8:00 PM Recurring

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Laundry Love Hamilton Free Laundry Appointments

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August 19 @ 12:00 PM - 1:00 PM Recurring

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2:00 PM - 6:00 PM Recurring

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August 19 @ 2:00 PM - 6:00 PM Recurring

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August 19 @ 5:30 PM - 8:00 PM Recurring

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August 20 @ 8:00 AM - 5:00 PM Recurring

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August 20 @ 4:00 PM - 7:00 PM Recurring

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August 20 @ 7:00 PM - 8:00 PM Recurring

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Alcoholics Anonymous meets Tuesdays and Saturdays at the Stevensville Fire Station training room, 156 Kinsman Drive at 7PM

3 events, 21

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Laundry Love Hamilton Free Laundry Appointments

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August 21 @ 8:00 AM - 5:00 PM Recurring

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Join us for Mass every Saturday at 5:30 p.m. and Sunday at 7:30 a.m. and 9:00 a.m. Mission church St. Philip in Darby every Sunday at 11:00 a.m.

Free
6:00 PM - 7:00 PM Recurring

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August 21 @ 6:00 PM - 7:00 PM Recurring

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We want to make a difference in our community by promoting a “neighbor helping neighbor” mindset. Meetings are fun, educational, and primarily discussion-oriented. We do many different things together, including […]

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Laundry Love Hamilton Free Laundry Appointments

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August 23 @ 6:30 PM - 8:30 PM Recurring

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The Socrates Cafe' Philosophical Discussion Group welcomes you for a night of inspiring talks on topics ranging from philosophy to social issues to current events. It's a time of social […]

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August 23 @ 7:00 PM - 8:00 PM Recurring

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Alcoholics Anonymous meets Tuesdays and Saturdays at the Stevensville Fire Station training room, 156 Kinsman Drive at 7PM

1 event, 24

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Laundry Love Hamilton Free Laundry Appointments

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Laundry Love Hamilton Free Laundry Appointments

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Open Studio

August 26 @ 10:00 AM - 2:00 PM Recurring

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Your studio is open Fridays for solo work. A mentor will be available to keep you company, point you to resources, or leave you alone, whatever suits you. This is […]

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Lolo Farmers Market

August 26 @ 2:00 PM - 6:00 PM Recurring

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Fridays June 3rd - September 30th Time:  2-6 pm  Lolo Community Center    12345 Hwy 93 South   Rental Booth Cost: $15  For more information and to sign up for […]

6:00 PM - 7:30 PM Recurring

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August 26 @ 6:00 PM - 7:30 PM Recurring

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Experience restoration for the mind, body and spirit with Ayla Carlat. Crystal Singing bowls channel healing frequencies directly into the body promoting auric cleansing, self reflection and inner harmony. Deepen […]

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Laundry Love Hamilton Free Laundry Appointments

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Women Only – Introduction to Defensive Handguns

  For Women Only Introduction To Defensive Handguns  August 27 & September 10  2022  This 2 day course is for women with little or no experience with      handguns, who may […]

8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 27 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

Join us for Mass every Saturday at 5:30 p.m. and Sunday at 7:30 a.m. and 9:00 a.m. Mission church St. Philip in Darby every Sunday at 11:00 a.m.

Free
4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 27 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

A really fun market on Saturdays with live music, 4-7pm, July 2nd - October 1st, 2022. Location: Ambrose Community Center, 4415 Sunnyside Cemetery Rd., Stevensville. Great coffee, treats, & much […]

7:00 PM - 8:00 PM Recurring

Stevensville AA

August 27 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

Alcoholics Anonymous meets Tuesdays and Saturdays at the Stevensville Fire Station training room, 156 Kinsman Drive at 7PM

3 events, 28

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

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8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 28 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

Join us for Mass every Saturday at 5:30 p.m. and Sunday at 7:30 a.m. and 9:00 a.m. Mission church St. Philip in Darby every Sunday at 11:00 a.m.

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August 28 @ 12:00 PM - 3:00 PM

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The Victor Heritage Museum will hold its annual Ice Cream Social, a thank you to the community, on Sunday, August 28, from 12 noon to 3 p.m. There will be […]

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Laundry Love Hamilton Free Laundry Appointments

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August 30 @ 3:45 AM - 5:15 PM

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Stevensville AA

August 30 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

Alcoholics Anonymous meets Tuesdays and Saturdays at the Stevensville Fire Station training room, 156 Kinsman Drive at 7PM

2 events, 31

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

6:30 PM - 8:30 PM Recurring

Quantum Group of the Bitterroot

August 31 @ 6:30 PM - 8:30 PM Recurring

Quantum Group of the Bitterroot

The Quantum Group of the Bitterroot invites you to attend its monthly meetings. You needn't have knowledge of quantum physics to enjoy learning about this exciting field of science that […]

2 events, 1

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

9:00 AM - 10:00 AM Recurring

Coffee with the Mayor

September 1 @ 9:00 AM - 10:00 AM Recurring

Coffee with the Mayor

Coffee with the Mayor, First Tuesday of Each Month 9:00 am at CJ's Den, 324 Main Street.  Opportunity for Stevensville Residents to Informally Meet with the Mayor, ask Questions, Express […]

4 events, 2

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

10:00 AM - 2:00 PM Recurring

Open Studio

September 2 @ 10:00 AM - 2:00 PM Recurring

Open Studio

Your studio is open Fridays for solo work. A mentor will be available to keep you company, point you to resources, or leave you alone, whatever suits you. This is […]

$17
2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

September 2 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

Fridays June 3rd - September 30th Time:  2-6 pm  Lolo Community Center    12345 Hwy 93 South   Rental Booth Cost: $15  For more information and to sign up for […]

5:30 PM - 8:00 PM Recurring

Drum Circle

September 2 @ 5:30 PM - 8:00 PM Recurring

Drum Circle

Jerry leads this casual drumming session every other Friday night in the studio. A great way to release tension, have some fun, and gather with new friends. No skill or […]

4 events, 3

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

September 3 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

Join us for Mass every Saturday at 5:30 p.m. and Sunday at 7:30 a.m. and 9:00 a.m. Mission church St. Philip in Darby every Sunday at 11:00 a.m.

Free
4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

September 3 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

A really fun market on Saturdays with live music, 4-7pm, July 2nd - October 1st, 2022. Location: Ambrose Community Center, 4415 Sunnyside Cemetery Rd., Stevensville. Great coffee, treats, & much […]

7:00 PM - 8:00 PM Recurring

Stevensville AA

September 3 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

Alcoholics Anonymous meets Tuesdays and Saturdays at the Stevensville Fire Station training room, 156 Kinsman Drive at 7PM

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

July 31 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 1 @ 9:00 AM - 10:00 AM Recurring

Coffee with the Mayor

August 1 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 2 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

August 2 @ 5:00 PM - 8:30 PM

National Night Out 2022

August 2 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 3 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 4 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 5 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

August 5 @ 12:00 PM - 1:00 PM

Pachyderm Club

August 5 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 5 @ 5:00 PM - 7:00 PM Recurring

Model train display

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 6 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 6 @ 12:00 PM - 3:00 PM Recurring

Model train display

August 6 @ 3:00 PM - 10:30 PM

Blues & Brews

August 6 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 6 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

+ 1 More
October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 7 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 7 @ 12:00 PM - 1:00 PM Recurring

Pachyderm Club

August 7 @ 2:00 PM - 7:00 PM

Farm Fun Day with Cultivating Connections!

August 7 @ 6:00 PM - 7:00 PM Recurring

Lone Rock Community Network

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 8 @ 10:30 AM - 11:30 AM Recurring

North Valley Public Library Events

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 9 @ 6:30 PM - 8:30 PM Recurring

Socrates Cafe’ Philosophical Discussion Group

August 9 @ 7:00 PM - 8:00 PM

Stevi school board

August 9 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 10 @ 7:00 PM - 9:00 PM

Xtreme Bulls – Rock the Red

August 10 @ 7:30 PM - 8:30 PM

Lone Rock park board

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 11 @ 4:00 PM - 5:00 PM Recurring

North Valley Public Library Events

August 11 @ 7:00 PM - 9:00 PM

Missoula Stampede PRCA Rodeo – Tough Enough to Wear Pink

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 12 @ 10:00 AM - 2:00 PM Recurring

Open Studio

August 12 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 12 @ 4:00 PM - 5:00 PM Recurring

North Valley Public Library Events

August 12 @ 6:00 PM - 7:30 PM Recurring

Vibrational Crystal Healing

August 12 @ 7:00 PM - 9:00 PM

Missoula Stampede PRCA Rodeo – Parade of Champions

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 13 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 13 @ 8:00 AM - 7:00 PM

Annual Bitterroot River Clean Up

August 13 @ 11:00 AM - 3:00 PM Recurring

Culture Crawl Art Walk

August 13 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 13 @ 4:00 PM - 8:00 PM

Pint Nite for Pets

+ 2 More
October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 14 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 14 @ 6:00 PM - 8:00 PM

Lords of Dirt & FMX

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 15 @ 10:30 AM - 11:30 AM Recurring

North Valley Public Library Events

August 15 @ 12:00 PM - 1:00 PM

Rotary Club

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 16 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 18
August 18 @ 4:00 PM - 5:00 PM Recurring

North Valley Public Library Events

August 19
August 19 @ 10:00 AM - 2:00 PM Recurring

Open Studio

August 19 @ 12:00 PM - 1:00 PM Recurring

Pachyderm Club

August 19 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 19 @ 5:30 PM - 8:00 PM Recurring

Drum Circle

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 18 @ 4:00 PM - 5:00 PM Recurring

North Valley Public Library Events

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 19 @ 10:00 AM - 2:00 PM Recurring

Open Studio

August 19 @ 12:00 PM - 1:00 PM Recurring

Pachyderm Club

August 19 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 19 @ 5:30 PM - 8:00 PM Recurring

Drum Circle

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 20 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 20 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 20 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 21 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 21 @ 6:00 PM - 7:00 PM Recurring

Lone Rock Community Network

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 23 @ 6:30 PM - 8:30 PM Recurring

Socrates Cafe’ Philosophical Discussion Group

August 23 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 26 @ 10:00 AM - 2:00 PM Recurring

Open Studio

August 26 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 26 @ 6:00 PM - 7:30 PM Recurring

Vibrational Crystal Healing

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day Recurring

Women Only – Introduction to Defensive Handguns

August 27 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 27 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 27 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 28 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 28 @ 12:00 PM - 3:00 PM

Victor Museum Ice Cream Social

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 30 @ 3:45 AM - 5:15 PM

Open House for Youth Programming at open-ended expressive arts

August 30 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 31 @ 6:30 PM - 8:30 PM Recurring

Quantum Group of the Bitterroot

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

September 1 @ 9:00 AM - 10:00 AM Recurring

Coffee with the Mayor

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

September 2 @ 10:00 AM - 2:00 PM Recurring

Open Studio

September 2 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

September 2 @ 5:30 PM - 8:00 PM Recurring

Drum Circle

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

September 3 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

September 3 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

September 3 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

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